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What should I do if I am unable to pay the maintenance? What if the husband is unable to pay mainten


17-Jul-2024 (In Divorce Law)
I am jobless, and before the judgment to pay maintenance to my wife of Rs. 11,000/- per month, I was unable to pay it. To date, I have not received any job of that kind. I only received a temporary job of 3-4 months, paying me around Rs. 6,000/- per month. My wife has filed a petition for not receiving maintenance. I was not present at the court hearing, and the court has issued an NBW against me. I changed my residence, and many warrants were sent to my parents, which they returned. Now, the family court has ordered a punishment of around 4 years. What should I do if the husband is unable to pay maintenance?
Answers (5)

Answer #1
490 votes
If a husband fails to pay court-ordered maintenance, the wife has several legal remedies. She can file execution proceedings to recover the amount, which may result in the attachment of the husband's salary or property. The court can also issue an arrest warrant for each default. Additionally, she can initiate contempt of court proceedings, which may lead to fines or even imprisonment for willfully disobeying the court's order.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
663 votes
If you are not able to pay maintenance as per the order of the court, than you should file an application before the court seeking time to pay maintainance. If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.
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Advocate Mauleen Marfatia

Adv. Mauleen Marfatia

LawRato Ahmedabad | 5+ Answers
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Answer #3
841 votes
You can settle the case with your wife you can take divorce and paid her lumsum maintenance. Try to settle the case with your wife. you dont have any other option. You can also file case under section 127 of cr.p.c. for revising amount of maintenance as you are jobless.
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Advocate Ashwini Ramrao Deshmukh

Adv. Ashwini Ramrao Deshmukh

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Answer #4
982 votes
File an application before the court firstly to cancel the warrant issued against you. Then move an application for alternation of maintenance before the Family Court. The change in circumstances in your financial situation is a ground to decrease maintenance. Don't worry you just need proper documentation and Court will understand your stand.
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Answer #5
766 votes
I advise you that please do not avoid Court proceedings further. If you do not attend then problems become serious and thus orders against you passed. Anyway now challenge the order of Maintenance and apply for cancellation of NBW. But for that you have to deposit some amount of Maintenance.
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Advocate Suneeta Ramesh Shukla

Adv. Suneeta Ramesh Shukla

LawRatoAhmedabad | 50+ Answers
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